Editor's Note: By the adoption of Ordinance No. 794, the Zoning Board of Adjustment, as it previously existed in the Borough, is dissolved to the extent that such a Board exists as a separate functioning body within the Borough. Pursuant to the authority granted by N.J.S.A. 40:55D-25c(1), the Planning Board of nine members shall exercise all of the powers heretofore granted to the Zoning Board of Adjustment.
All references to the Zoning Board of Adjustment within the Code and/or ordinances of the Borough of Sea Girt are hereby amended to reflect the fact that the function of the Zoning Board of Adjustment will be carried out in accordance with the requirements of N.J.S.A. 40:55D-25(c) so as to reflect the rights of the Borough of Sea Girt to carry out zoning activities as if such body was still in effect in separate form.
[Ord. #420, A I, § 1; Ord. #794, § 1, 2, 3]
There is hereby established pursuant to N.J.S.A. 40:55D-23 a Planning Board of nine members. Pursuant to the authority granted by N.J.S.A. 40:55D-25c(1), the Planning Board shall exercise to the same extent and subject to the same restrictions all of the powers heretofore granted to the Zoning Board of Adjustment.
Membership shall consist of the following four classes:
Class I. The Mayor.
Class II. One of the officials of the Borough other than a member of the governing body to be appointed by the Mayor.
Class III. A member of the governing body to be appointed by it.
Class IV. Six other citizens of the Borough to be appointed by the Mayor.
The members of Class IV shall hold no other Borough office. If an Environmental Commission is hereafter created, a member of the Environmental Commission as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member.
Pursuant to N.J.S.A. 40:55D-25(c), the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70(d).
[Ord. #420, A I, § 2]
The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office whichever occurs first. The term of the Class IV member who is also a member of the Environmental Commission (if such Commission be hereafter created) shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.
All Class IV members shall be appointed for terms of four years except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made.
[Ord. #464, § 1; Ord. #794, § 4]
Pursuant to N.J.S.A. 40:55D-23.1, the Borough of Sea Girt hereby establishes the classification of Alternate Members of the Sea Girt Planning Board created hereunder, which members shall be Class IV members of the nine member Planning Board. The initial term of the alternate designated as Alternate No. 1 shall be two years, and the term of Alternate No. 2 shall be one year, which term will commence on January 1, 1998.
[Ord. #420, A I, § 3]
If a vacancy in any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[Ord. #420, AI, § 4]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a Borough employee designated by it.
[Ord. #420, A I, § 5]
There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney who shall be an attorney other than the Borough Attorney.
[Ord. #420, A I, § 6]
The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not however exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
[Ord. #420, A I, § 7; Ord. #431, § 1]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. It shall also have the following powers and duties:
To make and adopt and amend a Master Plan for the physical development of the Borough including any areas outside its boundaries, which in the Board's judgment bear essential relation to the planning of the Borough in accordance with the provisions of N.J.S.A. 40:55D-28.
To administer the provisions of Chapter 16, Land Subdivision, in accordance with the provisions of the ordinances and the Municipal Land Use Law Chapter 291, P.L. 1975, N.J.S.A. 40:55D-1 et seq.
To approve conditional use applications in accordance with the provisions of the Zoning Ordinances pursuant to N.J.S.A. 40:55D-67.
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
To assemble data on a continuing basis as part of a continuous planning process.
To annually prepare a program of Municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.
To consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also pass upon other matters specifically referred to the Planning Board by the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26(b).
When reviewing applications for approval of subdivision plats or conditional uses, to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
Variances pursuant to subsection 57c of Chapter 291, P.L. 1975 from lot area, lot dimensional set-back and yard requirements; provided that such relief from lot area requirements shall not be granted for more than one lot.
Direction pursuant to section 25 of the act for issuance of permit for building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to section 23 of the act.
Direction pursuant to section 27 of the act for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
The Planning Board shall have the power to waive notice and public hearing requirements set forth in this section when acting upon subdivision applications if the Planning Board finds that the application for development conforms to the definition of a minor subdivision as such term is defined under existing Chapter 16, Land Subdivision.
[Ord. #420, A I, § 8]
Minor Subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law", or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
Preliminary Approval Major Subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 15-1.8, paragraph h., above, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
Final Approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
[Ord. #420, A I, § 9; Ord. No. 862]
Time for Filing; Required Submissions. Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of C. 291 P.L. 1975 shall be filed with the Secretary of the Planning Board. Applicant shall file at least 14 days before the date of the monthly meeting of the Board three copies of a sketch plat; three copies of applications for minor subdivision approval; three copies of application for major subdivision approval or three copies of an application for site plan review, conditional use approval, or planned development. At the time of filing the application but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
Land Application Completeness Checklist.
All applications to the Sea Girt Planning Board shall be accompanied by a completed and signed checklist to be provided by the Planning Board with the forms of application.
The form of checklist attached hereto and made a part hereof is approved by the Mayor and Council of the Borough of Sea Girt in accordance with N.J.S.A. 40:55D10-3.
Editor's Note: The Land Development Application Completeness Checklist is included as an attachment to this chapter.
[Ord. #420, A I, § 10]
The Mayor may appoint one or more persons as a Citizens Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
[Ord. #420, A I, § 11]
Whenever the Environmental Commission (if one be hereinafter created) has prepared and submitted to the Planning Board an index of the natural resources of the Borough, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
The Zoning Board of Adjustment as it existed prior to January 1, 1998 was dissolved by Ordinance No. 794 to the extent that such Board existed as a separate functioning body within the Borough. Pursuant to N.J.S.A. 40:55D-25c(1) and Ordinance No. 794, the Planning Board shall exercise all of the powers of the Board of Adjustment. See subsection 15-1.1 for establishment of the Planning Board.
Editor's Note: Administrative provisions of the Zoning Board of Adjustment superseded by Ordinance No. 794.
[Ord. #420, A II, § 6]
The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto, and with the provisions of this chapter.
It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter, or any term, clause, sentence or word hereof, and the Zoning Map, in accordance with the general rules of construction, applicable to legislative enactments.
The Board may, in appropriate cases and subject to appropriate conditions and safeguards grant variances from the terms of this chapter in accordance with the general or specific rules contained herein, and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by Statute, the Board shall in all cases follow the provisions applicable to it in Chapter 291, P.L. 1975, or subsequent statutes in such case made and provided, and it shall furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
[Ord. #420, § 7; Ord. #579, A VIII, § 2]
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Municipality based on or made in the enforcement of this chapter or Official Map. Such appeal shall be taken within 20 days by filing a Notice of Appeal with the officer with whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
An application for development may be filed with the Board of Adjustment for action under any of its powers without prior application to an administrative officer. Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer, shall be filed with the Secretary of the Board.
Four copies of the application shall be filed one of which will be provided to the Zoning Officer. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps, or other papers required by virtue of any provision of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
[Ord. #420, § 8]
In exercising the above mentioned power, the Board of Adjustment may, in conformity with the provisions of C. 291, P.L. 1975 or amendments thereto or subsequent statutes applying reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from, and make such other requirement, decision, or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
[Ord. #420, A II, § 9]
Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced, within one year from the date of publication of the judgment or determination of the Board of Adjustment; except however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
[Ord. #420, A II, § 10]
The Board of Adjustment shall have such powers as are granted by law to:
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Chapter 17, Zoning.
Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in Chapter 17, Zoning, would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the owner of such property, to grant upon an application or an appeal relating to such property, a variance from such strict application, so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this paragraph to allow a structure or use in a district restricted against such structure or use; and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to the subsection 47a of the Municipal Land Use Law of 1975, Chapter 291, P.L. 1975.
Grant a variance to allow a structure or use in a district restricted against such structures or use in particular cases and for special reasons, but only by the affirmative vote of at least 2/3 of the full authorized membership of the Board.
No variance or other relief may be granted under the provisions of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Chapter 17, Zoning. Any application under any paragraph of this subsection may be referred to any appropriate person or agency, including the Planning Board, for its report provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
[Ord. #420, A II, § 11]
The Zoning Board of Adjustment shall in addition to the powers specified in subsection 15-2.11, above, have power given by law to:
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision approval pursuant to Article 6 of Chapter 291, P.L. 1975 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to subsection 15-2.11, paragraph d.
[Ord. #420, A II, § 12; Ord. #579, A VIII, § 3]
The Board of Adjustment shall render its decision not later than 120 days after the date (a) an appeal is taken from the decision of an administrative officer, or (b) the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b.
Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[Ord. #420, A III, § 1]
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
[Ord. #420, A III, § 2]
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.
Special meetings may be provided for at the call of the chairman or on the request of any two board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
No action shall be taken at any meeting without a quorum being present.
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of C. 291, P.L. 1975.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, Chapter 231, P.L. 1975.
[Ord. #420, A III, § 3]
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
[Ord. #420, A III, § 4; Ord. #600; Ord. #685; Ord. #876; Ord. #13-2011; Ord. #13-2013; Ord. No. 21-2014]
Fees for application or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Board and copies of the rules or of the separate fee schedule shall be available to the public. Any existing fee schedules are hereby saved from repeal, continued in existence and hereby incorporated herein by reference.
The following fees shall be paid by all applicants to the Board of Adjustment and the Planning Board of the Borough of Sea Girt, which fees shall be payable at the time of filing of the application. Application fees are nonrefundable.
In the event that the Board of Adjustment or the Planning Board determines that proper consideration of an application pending before it will require it to make extraordinary expenditures including, but not limited to legal, engineering, planning or other professional expense, the Board may require the applicant to deposit a sum sufficient to cover the cost of such expenses, in increments of $1,000 which sum shall be deposited in the Municipal Trust Account. Any unexpended portions of such deposit shall be returned to the applicant.
The initial escrow fee shall be deposited in an escrow account and accounted for pursuant to N.J.S.A. 40:55D-53.1. If an escrow account contains insufficient funds, notice to the applicant shall be made pursuant to N.J.S.A. 40:55D-53.2.
All disbursements or withdrawals from the escrow account shall be made pursuant to and limited by the following provisions of N.J.S.A. 40:55D-53.2:
The Chief Financial Officer of a municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon a schedule established by resolution. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing application and inspecting improvements. The municipality or approving authority shall not bill the applicant, or charge any escrow account or deposit authorized under paragraph b of this subsection, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill. If the salary, staff support and overhead for a municipal professional are provided by the municipality, the charge shall not exceed 200% of the sum of the products resulting from multiplying (a) the hourly base salary, which shall be established annually by ordinance, of each of the professionals by (b) the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals the charge shall be the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.
[Ord. #420, A III, § 5; Ord. #590, A III, § 5(e)]
Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law" C.38, P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
Records. In every application in which a variance is sought, the applicant, at the applicant's expense, shall provide for the attendance of a certified shorthand reporter at the hearing of the application.
In all other cases, the Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. Transcripts of such proceedings will be furnished on request to any interested party at his expense.
[Ord. #420, A III, § 7; Ord. No. 06-2017 § 1]
A hearing is required for all development applications that come before the Board, pursuant to N.J.S.A. 40:55D-1, et seq. or pursuant to the determination of the Municipal agency in question the applicant shall give notice thereof as follows:
Public notice shall be given by publication in the official newspaper of the Municipality at least 10 days prior to the date of the hearing.
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the Borough in which applicant's land is located. Such notice shall be given by: (1) serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property; or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to paragraph b, above, to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other County land or situate within 200 feet of a municipal boundary.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Borough Clerk pursuant to Section 6b of C. 291, 1975.
All notices hereinabove specified in this subsection shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
Form of Notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Borough Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
[Ord. #420, A III, § 7]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Borough Tax Collector shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 15-3.6, paragraph b.
[Ord. #420, A III, § 8]
Each decision on any application for development shall be set forth in writing as a resolution of the Board which shall include findings of fact and legal conclusions based thereon.
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Borough Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Borough.
[Ord. #420, A III, § 9]
A brief notice of every final decision shall be published in the official newspaper of the Borough. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Ord. #420, A III, § 10]
Pursuant to the provisions of N.J.S.A. 40:55D-39e and N.J.S.A. 40:55D-65h, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the Borough will be adequately protected.
[Ord. #420, A IV, § 11]
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the Borough based on or made in the enforcement of Chapter 17, Zoning, or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in subsection 15-2.8, paragraph a of this chapter, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[Ord. #420, A IV, § 12]
An appeal from a decision of the Zoning Board of Adjustment granting a use variance pursuant to the provisions of N.J.S.A. 40:55D-70d may be taken to the governing body provided such appeal shall be made within 10 days of the date of publication of such final decision of the Zoning Board of Adjustment.
[Ord. #420, A V, § 13]
Whenever a term is used in this chapter which is defined in Chapter 291, P.L. 1975, such term is intended to have the meaning set forth in the definition of such term found in that statute, unless a contrary intention is clearly expressed from the context of this chapter.
[Ord. #420, A V, § 14]
All sections of the Land Subdivision Ordinance, the Zoning Ordinance and any other ordinance of the Borough, which contain provisions contrary to the provisions of this chapter shall be and are hereby (to the extent of such inconsistency) repealed.
[Ord. #420, A V, § 15]
Pursuant to the provisions of Chapter 291, P.L. 1975, Section 81, the substantive provisions of the existing "Borough of Sea Girt Zoning Ordinance" and the land use and development regulations set forth therein shall continue in full force and effect and shall be read in para materia with this chapter.
[Ord. #420, A V, § 16]
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Section 15-4 of this chapter.
[Ord. #420, A V, § 17]
This chapter shall be known and may be cited as "The Land Use Procedures Regulations of the Borough".
[Ord. #420, A V, § 18]
Immediately upon adoption of this chapter, the Borough Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with the County Planning Board copies of all other ordinances of the Borough relating to land use.
[New: Ord. No. 947; Ord. No. 13-2015]
For violations of any provision of the Borough of Sea Girt Land Use Volume, Chapters 14 through XVIII or other ordinance of the Borough of Sea Girt amending the Land Use Volume, unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be by one or more of the following: imprisonment in the County Jail or in any place provided by the Borough for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days, per violation, per day until abated.
[New: Ord. No. 947; Ord. No. 13-2015]
[New: Ord. No. 947; Ord. No. 13-2015]
The Court before which any person is convicted of violating any ordinance or Land Use Volume provision shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum fixed in the Land Use volume or in such ordinance, unless otherwise provided herein.
[New: Ord. No. 947; Ord. No. 13-2015]
Any person who is convicted of violating the Land Use Volume or any ordinance amending the Land Use Volume within one year of the date of a previous conviction or the same provision of the Land Use Volume or of the same ordinance and who was penalized for the previous violation shall be penalized as a repeat offender. In the case of such repeat offender, the Court shall impose an enhanced fine/penalty not to exceed subsection 15-6.1 per violation.
[New: Ord. No. 947; Ord. No. 13-2015]
Any person or offender convicted of the violation of any provision of this Land Use Volume or any ordinance may, in the discretion of the Court by which he/she was convicted, and in default of the payment of any fine imposed therefore, be imprisoned in the County Jail or place of detention provided by the municipality, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
[New: Ord. No. 947; Ord. No. 13-2015]
Any person, firm, or corporation violating any provisions of the Land Use Volume shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined and/or penalized, as such court, in its discretion, may impose as set forth in subsection 15-6.1.
Each day that such violation continues beyond a ten-day period following written notice by the Code Enforcement Officer, Construction Official, Zoning Officer or other Official of the Borough as designated by the Governing Body served by certified or registered mail or personal service shall constitute a separate offense.
[New: Ord. No. 947; Ord. No. 13-2015]
Each and every day in which a violation of any provision of the Land Use Volume or any other ordinance amending the Land Use Volume of the Borough of Sea Girt exists shall constitute a separate violation.